§ 21.162. Participation in a program of independent living services.
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/us/cfr/t38/s§ 21.162·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Approval of a program of independent living services. A program of independent living services and assistance is approved when:
(1)The VA determines that achievement of a vocational goal is not currently reasonably feasible;
(2)The VA determines that the veteran's independence in daily living can be improved, and the gains made can reasonably be expected to continue following completion of the program;
(3)All steps required by §§ 21.90 and 21.92 of this part for the development and preparation of an Individualized Independent Living Plan
(IILP)have been completed; and
(4)The Veteran Readiness and Employment
(VR)Officer concurs in the IILP. (Authority: 38 U.S.C. 3104(a)(15), 3109, 3120)
(b)Considerations for the VR Officer. The VR Officer will consider the following factors in administering programs providing independent living services:
(1)If VA resources available limit the number of veterans who may be provided a program of independent living services and assistance, the first priority shall be given to veterans for whom the reasonable feasibility of achieving a vocational goal is precluded solely as a result of service-connected disability; and
(2)To the maximum extent feasible, a substantial portion of veterans provided with programs of independent living services and assistance shall be receiving long-term care in VA medical centers and nursing homes. (Authority: 38 U.S.C. 3120(c)) \[49 FR 40814, Oct. 18, 1984, as amended at 53 FR 50957, Dec. 19, 1988; 55 FR 48842, Nov. 23, 1990; 62 FR 17708, Apr. 11, 1997; 87 FR 8743, Feb. 16, 2022\]
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